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2005 Supreme(SC) 330

B.P.SINGH, ARUN KUMAR
Balakrishna H. Sawant – Appellant
Versus
Sangli, Miraj & Kupwad City M. Corpn. – Respondent


Judgment

B.P. Singh, J.—Heard counsel for the parties.

2. This appeal by special leave is directed against the judgment and order of the High Court of Judicature at Bombay dated 7th April, 1999 passed in writ petition No. 1306/99 whereby the petition preferred by the respondent Municipal Corporation was allowed and the reservation recorded against the land belonging to the appellant herein upheld. It appears that the Final Development Plan contained a reservation for a high school and play ground recorded against the land owned by the appellant herein. The grievance of the appellant was that the State had taken no steps to acquire the land within the stipulated statutory period and, therefore, the reservation had lapsed. The State also took a stand supporting the appellant that the reservation had lapsed and further contended that it had power to condone the delay which it had condoned. However, the High Court found that since the Corporation had taken necessary steps to acquire the land in question so as to give effect to the reservation, the reservation cannot be said to have lapsed. It further held that the application of the appellant was barred by limitation.

3. This Court grante






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